1. subject matter and content of the contract, cooperation
1.1.
These “Terms and Conditions for the Production of Videos or Other Multimedia Products” (hereinafter also referred to as the “CONTRACTUAL CONDITIONS”) shall apply to the production of videos or other multimedia products (such videos or products hereinafter also referred to as the “PRODUCTION”) by movingimage EVP GmbH (hereinafter also referred to as the “CONTRACTOR” or “movingimage EVP GmbH”) for the contractual partner (hereinafter also referred to as the “CONTRACTOR”). The concrete scope of services shall be determined by the respective individual service description agreed upon between the parties, which shall be an integral part of the contract and shall specifically describe the scope of the services to be provided by the CUSTOMER.
1.2.
Insofar as the parties have not reached an individual contractual agreement, the provisions of these CONTRACTUAL CONDITIONS shall apply to the legal relationships of the parties in connection with the creation of the PRODUCTION. Unless otherwise stipulated in these CONTRACTUAL CONDITIONS, the provisions of the “General Terms and Conditions of movingimage EVP GmbH”, as amended from time to time (also referred to in these CONTRACTUAL CONDITIONS as the “General Terms and Conditions of movingimage EVP GmbH”), which can be accessed at the Internet address “www.movingimage.com/gtc/allgemeine-geschaftsbedingungen-der-movingimage-evp”, shall apply and will be provided to the CUSTOMER by the CUSTOMER at any time upon request. These CONTRACTUAL CONDITIONS as well as the GTC of movingimage EVP GmbH are also collectively referred to in these CONTRACTUAL CONDITIONS as the “GENERAL CONTRACTUAL CONDITIONS of movingimage EVP GmbH”.
1.3.
The CUSTOMER is aware that the development and production of the PRODUCTION requires intensive cooperation between the parties. In the interest of a structured production process, the CUSTOMER shall, if necessary, immediately after conclusion of the contract appoint a project manager and, if applicable, a deputy, who shall be responsible for the project implementation and comprehensively authorized to make all decisions, as well as possess all necessary information and expertise concerning the PRODUCTION. The CUSTOMER shall be informed immediately of any changes in the person of the project manager or his deputy.
1.4.
Unless otherwise agreed, the PRODUCTION shall be carried out in three phases: Concept Phase (Clause 2), Shooting Phase (Clause 3) and Completion Phase (Clause 4).
2. shooting concept
2.1.
After conclusion of the contract, the CUSTOMER shall develop a shooting concept in coordination with the CLIENT on the basis of the service description agreed between the parties, which shall be the basis of the PRODUCTION and shall specify the further scope of services. Unless otherwise agreed, the CUSTOMER shall only be obliged to prepare and submit a shooting concept.
2.2.
The shooting concept created by the CUSTOMER shall be submitted to the CUSTOMER for approval. If the CLIENT does not assert any deficiencies of the shooting concept against the CUSTOMER within ten working days after the transmission of the shooting concept in written form, the shooting concept shall be deemed approved and accepted. The CONTRACTOR undertakes to inform the CUSTOMER of this legal consequence at the beginning of the period.
2.3.
Insofar as the shooting concept does not contain any defects, the CONTRACTOR shall not be obligated to consider and incorporate any change requests of the CLIENT (see clause 9.2 of these CONTRACTUAL CONDITIONS). If the CONTRACTOR nevertheless subsequently incorporates change requests of the CONTRACTOR into the shooting concept already submitted to the CONTRACTOR, the CONTRACTOR shall resubmit the thus adjusted shooting concept to the CONTRACTOR for approval. The provisions of the preceding clause 2.2 of these CONTRACTUAL CONDITIONS shall apply accordingly. In this case, the CONTRACTOR may make the consideration and incorporation of the CONTRACTOR’s change requests dependent on the payment of additional remuneration (see section 8.3 of these CONTRACTUAL CONDITIONS).
2.4.
If the CONTRACTOR has subsequently taken into account the CUSTOMER’s change requests after submission of the already completed shooting concept and has incorporated them into the shooting concept, even though the shooting concept had no defects, and if the CUSTOMER rejects the shooting concept more than three times in succession, in each case in a change version that takes into account the CUSTOMER’s requests, the CUSTOMER shall have the right to withdraw from the contract and demand a pro rata remuneration of 20% of the total remuneration for its services rendered in the concept phase, whereby the CUSTOMER shall be permitted to prove that the remuneration appropriate in the specific case is substantially higher, or the CUSTOMER shall be permitted to prove that the remuneration appropriate in the specific case is substantially lower than the aforementioned lump-sum remuneration. The provisions of this clause 2.4 of these CONTRACTUAL CONDITIONS shall also apply if the CONTRACTOR has invoiced the consideration and incorporation of change requests of the CONTRACTOR pursuant to clause 8.3 of these CONTRACTUAL CONDITIONS to the CONTRACTOR as ADDITIONAL SERVICES.
3. shooting date
3.1.
The CUSTOMER shall coordinate the required shooting dates (one shooting day corresponds to eight hours) with the CUSTOMER.
3.2.
The required shooting dates must be carried out within 12 months of the order being placed. If this does not succeed for reasons that lie in the sphere of the CONTRACTOR, the CONTRACTOR will immediately after the expiration of this period again propose three dates to the CONTRACTOR, combined with the request to accept within a period of two weeks one of the proposed dates and the announcement that he will terminate the contract if such an acceptance is not declared within the deadline. If the CUSTOMER does not accept any of the proposed dates within this period, this shall be deemed a breach of duty on the part of the CUSTOMER. After expiry of this period, the contract shall be deemed to have been terminated in accordance with § 643 S. 2 BGB (German Civil Code), the contract shall be deemed to have been terminated upon expiry of the deadline, with the consequence that the CONTRACTOR shall be entitled to demand the agreed remuneration after deduction of saved expenses or crediting of other purchases in corresponding application of § 649 p. 2 BGB (German Civil Code).
3.3.
If agreed shooting dates are postponed or cancelled by the CUSTOMER later than four weeks -28 to 21 calendar days- before the agreed date, the CUSTOMER shall bear the costs incurred for this and any additional costs for an alternative date. The expenses caused by this will be charged with at least EUR 1.500,- plus legal value added tax. The CUSTOMER reserves the right to prove that no damage was incurred or that the additional costs incurred by the CUSTOMER were lower.
If agreed shooting dates are postponed or cancelled by the CUSTOMER 20 to 10 calendar days before the agreed date, the CUSTOMER shall bear 75% of the costs originally estimated in the offer. The CUSTOMER reserves the right to prove higher damages.
If agreed shooting dates are postponed or cancelled by the CUSTOMER ten (10) calendar days or less before the agreed date, the CUSTOMER shall bear 100 % of the costs originally estimated in the offer. This shall also apply if the agreement or booking of the shooting date and/or webcast was made with a shorter lead time than ten (10) calendar days before the agreed date. The CUSTOMER reserves the right to prove higher damages.
3.4.
If an agreement on a new shooting date, which must be within six weeks of the originally agreed date, is not reached within two weeks of the cancellation of the original shooting date for reasons for which the CUSTOMER is not responsible, the CUSTOMER shall propose three dates to the CUSTOMER together with the request to accept one of the proposed dates within a period of two weeks and the announcement that he will terminate the contract if such acceptance is not declared in due time. If the CUSTOMER does not accept any of the proposed dates within this period, this shall be deemed a breach of duty on the part of the CUSTOMER. After expiry of this period, the contract shall be deemed to have been terminated in accordance with § 643 S. 2 BGB (German Civil Code), the contract shall be deemed to have been terminated upon expiry of the deadline, with the result that the CONTRACTOR shall be entitled to demand the agreed remuneration after deduction of expenses saved or crediting of other purchases in corresponding application of § 649 p. 2 BGB (German Civil Code).
3.5.
The lump sum for travel expenses for a video production amounts to EUR 1,450 plus VAT (production team of up to three persons) for the first production day, provided that the production date has been confirmed by the CUSTOMER at least four weeks prior to the production day. Otherwise, an effective settlement of the travel expenses incurred shall be made between the CLIENT and the CONTRACTOR. Each additional, directly consecutive production day will be charged with a flat rate for travel expenses in the amount of EUR 750,- plus statutory VAT.
4. completion and deadlines
4.1.
The CUSTOMER shall make the completed PRODUCTION available to the CUSTOMER in the contractually agreed form and format within the agreed time. Unless otherwise agreed, this shall be done via an internal link that allows the video to be retrieved online.
4.2.
As soon as the CUSTOMER recognizes that binding deadlines cannot be met for reasons for which he is not responsible, which were not foreseeable and which cannot be eliminated even with reasonable effort, he will immediately inform the CUSTOMER of this and at the same time inform him of the expected new date. If the performance is not possible even within the new deadline for reasons for which the CUSTOMER is not responsible, which were not foreseeable and which cannot be eliminated even with reasonable expenditure, the CUSTOMER shall be entitled to withdraw from the contract in whole or in part. The CUSTOMER shall immediately inform the CUSTOMER of the existence of such reasons and shall immediately refund to the CUSTOMER any consideration already paid by the CUSTOMER.
5 Acceptance of the production
5.1.
The CLIENT shall accept the PRODUCTION within ten working days after its transmission, provided that it complies with the contractual agreements, in particular the approved shooting concept. If the CLIENT does not declare acceptance within this period and/or does not assert any defects in written form, the PRODUCTION shall be deemed accepted after expiration of the period. The CUSTOMER undertakes to point out this legal consequence to the CUSTOMER at the beginning of the period.
5.2.
Acceptance cannot be refused due to insignificant defects. Only fundamental deviations from the approved turning concept shall be considered material defects. The CUSTOMER shall be notified of obvious defects once, completely and comprehensively within ten days.
5.3.
After acceptance of the PRODUCTION, the CUSTOMER shall receive a receipt via a download link under which the PRODUCTION is stored in the contractually agreed format and can be downloaded or saved by the CUSTOMER. The link is active for at least 30 days.
6. rights and rights of use
6.1.
All rights to the format, the shooting concept, the raw material as well as intermediate products and results shall remain with the CUSTOMER.
6.2.
Unless otherwise agreed, the PRODUCTION is also intended for online distribution via all current and future online platforms of the CONTRACTOR and for the integration of the PRODUCTION in online job portals operated by third parties (e.g. www.monster.de) by the CONTRACTOR. Accordingly, all rights of use necessary for the fulfillment of this purpose shall remain with the CUSTOMER. To this extent, the CUSTOMER grants the CUSTOMER the right to integrate trademarks, logos, etc. to which the CUSTOMER is entitled into the PRODUCTION and to use the PRODUCTION as described above.
An integration of the PRODUCTION by the CLIENT itself or by third parties commissioned by it on online job portals is only permitted with the prior consent of the CLIENT; the CLIENT may make the consent dependent on the payment of further remuneration.
6.3.
The CUSTOMER grants the CUSTOMER, under the condition precedent of full payment of the agreed remuneration, including remuneration for any agreed ADDITIONAL SERVICES and expenses, the temporally and locally unlimited, simple (i.e. non-exclusive) rights of use to the PRODUCTION for the types of use or formats specified below:
- Use as an image film on the web, at events or on a data carrier: the PRODUCTION may be used worldwide for an unlimited period of time on the web, at events (trade fairs, events) or in the form of a data carrier. The right of use applies per language version and includes a circulation of up to 1000 copies (mechanical copies).
- Web advertising: The PRODUCTION may be used as advertising web content (virals, microsites, product videos, image clips, etc.). For web or microsites, the right of use extends to one domain including all sub-domains. Streaming as well as saving and playing of the PRODUCTION on mobile devices by the end user is permitted. Terms of contract for the production of videos or other multimedia products
- Broadcast / TV: The PRODUCTION may be used as broadcast content as long as the PRODUCTION is used in an editorial context. Advertising use is not permitted in this respect.
- Film: The PRODUCTION may be broadcast as a film in any form (e.g. in the cinema, on the web, etc.).
- Point Of Sales: The PRODUCTION may be integrated for an unlimited period of time into a point-of-sales commercial that is shown at a location or branch, whereby the right of use is limited to a specific playback device.
The CUSTOMER is not entitled to any further use of the PRODUCTION. Furthermore, the CUSTOMER is not entitled to edit or otherwise transform the contents of the PRODUCTION or parts thereof without the prior consent of the CUSTOMER and to distribute them in such a way – within the scope of or beyond the above-mentioned types of use and formats. Furthermore, the CUSTOMER shall adopt unchanged all protective notes such as copyright notes and other reservations of rights and, in the case of any use, shall indicate in an appropriate form that the PRODUCTION is a production of the CUSTOMER.
6.4.
The above provisions shall also apply in the event and to the extent that the PRODUCTION is not a protectable performance.
6.5.
The CUSTOMER is entitled to use services rendered within the scope of the contract for its own presentation purposes in all media and to include them in a reference list for advertising purposes.
7. materials provided by the CUSTOMER, indemnification
7.1.
Insofar as the CUSTOMER uses its own or third-party materials, contributions, data or other content such as, in particular, videos, graphics, logos, texts, music, etc. (also referred to as “CUSTOMER CONTENT” in these CONTRACTUAL CONDITIONS) within the scope of the performance of the contract, the CUSTOMER shall not be liable for any damages arising from such use. (in these CONTRACTUAL CONDITIONS also referred to as “CUSTOMER CONTENT”) to the CUSTOMER for use in the PRODUCTION, the CUSTOMER shall provide the CUSTOMER CONTENT to the CUSTOMER at the latest by the date agreed in the order. If no date has been agreed, the CUSTOMER CONTENT shall be made available at the latest ten working days before the scheduled shooting date. The date of receipt by the CUSTOMER shall apply.
7.2.
The CUSTOMER CONTENT shall be provided to the CUSTOMER in accordance with the technical specification attached to the order as an appendix. The technical quality of the CUSTOMER CONTENT shall be the sole responsibility of the CUSTOMER. If the CUSTOMER CONTENT is delivered in other technical formats, the CUSTOMER is entitled to convert the formats and to charge the CUSTOMER for the conversion costs. The CUSTOMER shall endeavor to obtain the CUSTOMER’s consent prior to the conversion.
7.3.
At the same time as sending the CUSTOMER CONTENT, the CUSTOMER shall provide the CUSTOMER with any information that may be necessary for settlement with GEMA and/or other collecting societies, in particular the name of the producer, publisher, composer, title and length of the music used. Any royalties payable to collecting societies shall be borne by the CUSTOMER and shall be paid by the CUSTOMER directly to the collecting society concerned or reimbursed to the CUSTOMER in addition to the agreed remuneration.
7.4.
The CUSTOMER warrants to the CUSTOMER that the CUSTOMER CONTENT does not violate applicable law, in particular the guidelines of the ITC, “The ITC Code of Advertising Standards and Practice”, “The ITC Code of Programme Sponsorship” and “The Financial Services Act 1986”, the applicable state treaties of the countries, the regulations of the German Advertising Association (Zentralverband der Werbewirtschaft e.V. (ZAW) or by the German Advertising Council, the principles for the protection of minors or other requirements under press, advertising or competition law or violate the rights of third parties. The CUSTOMER is not obliged to check whether the CUSTOMER CONTENT is suitable for the purposes pursued with the PRODUCTION or whether it violates legal regulations or the rights of third parties.
7.5.
The CUSTOMER shall be obliged to retain or store the CUSTOMER CONTENT for only three months after acceptance of the PRODUCTION. After expiry of the storage period, the CUSTOMER shall be entitled, but not obliged, to destroy the CUSTOMER CONTENT. The CUSTOMER CONTENT may be returned to the CUSTOMER only upon special written request before the expiration of the three-month period. In any case, the CUSTOMER shall be entitled to retain and store CUSTOMER CONTENT for as long as is necessary for the performance of the contract, in particular with regard to possibly existing warranty claims of the CUSTOMER, or to comply with legally mandated retention periods.
7.6.
The CUSTOMER shall be entitled to reject CUSTOMER CONTENT due to its origin, content, form, technical quality according to factually justified principles, in particular if its content violates legal regulations or third party rights. In such cases, the CUSTOMER shall be obliged to immediately provide new or modified CUSTOMER CONTENT to which the reasons for rejection do not apply. Should this result in delays in the production process, the CUSTOMER shall grant the SUPPLIER a corresponding extension of all deadlines for the provision of the affected services and offer corresponding alternative dates. Any costs incurred by the CUSTOMER as a result of the justified rejection of the CUSTOMER CONTENT shall be reimbursed to the CUSTOMER by the CUSTOMER.
7.7.
The CUSTOMER warrants that it holds all copyrights, ancillary copyrights, rights of use and other rights necessary for the intended use of the CUSTOMER CONTENT – with the exception of broadcasting rights for GEMA repertoire – and/or is entitled to grant the CUSTOMER the necessary rights of use.
The CUSTOMER further warrants and represents, irrespective of fault, to obtain the express, written and irrevocable consent to the exploitation of the personal data from all natural persons, in case of minors from their legal representative, who are involved in the PRODUCTION and from whom personal data (e.g. pictures/film recordings) are processed in the context of the PRODUCTION, and to prove this to the CUSTOMER prior to the start of the PRODUCTION. Should this not be possible in all cases before the start of the PRODUCTION, the CUSTOMER shall make up for this by no later than the completion of the PRODUCTION within the meaning of section 4.1. Should the CUSTOMER not be able to prove the written, irrevocable consent of the natural persons involved by the agreed completion date, the CUSTOMER shall not be in default with its obligation to perform until the CUSTOMER has submitted all declarations of consent. Upon request of the CUSTOMER, the CUSTOMER shall provide the CUSTOMER with a pre-formulated consent form.
7.8.
The CUSTOMER shall transfer to the CUSTOMER all rights of use with regard to the CUSTOMER CONTENT which are necessary for the performance of the contract by the CUSTOMER.
7.9.
Insofar as the CUSTOMER provides or contributes CUSTOMER CONTENT to the CUSTOMER, the CUSTOMER shall indemnify the CUSTOMER against all direct and indirect damages, claims, costs (including the costs of reasonable legal defense), expenses and other disadvantages incurred by the CUSTOMER as a result, that third parties assert claims against the CUSTOMER due to an infringement of third party rights or a violation of statutory provisions in connection with the use of the services, in particular the dissemination of CUSTOMER CONTENT (such claims hereinafter also referred to as “THIRD PARTY CLAIMS”). The CUSTOMER shall support the CUSTOMER in any judicial and extrajudicial assertion of THIRD-PARTY CLAIMS and shall make available to the CUSTOMER without undue delay upon request all data, documents and other materials that the CUSTOMER deems necessary or helpful in the context of the dispute with THIRD-PARTY CLAIMS. In addition, the CUSTOMER shall be entitled to withdraw from the contract or to terminate the contract without notice in the event of a justified assertion of THIRD PARTY CLAIMS.
8. additional services
8.1.
The CUSTOMER shall be entitled to demand additional remuneration for subsequent requests for changes and extensions made by the CUSTOMER (services rendered by the CUSTOMER with regard to these in these CONTRACTUAL CONDITIONS also referred to as “ADDITIONAL SERVICES”). ADDITIONAL SERVICES shall be deemed to exist in particular if the CONTRACTOR, after (partial) acceptance, makes changes or additions at the CONTRACTOR’s request which relate to (partial) services already accepted. This shall also apply if acceptance by the CLIENT has not yet taken place, but the prerequisites for acceptance exist.
8.2.
Unless otherwise agreed, the CUSTOMER shall not be obliged to perform ADDITIONAL SERVICES.
8.3.
Unless otherwise agreed, SUPPLEMENTARY SERVICES shall be remunerated at an hourly rate of EUR 150.00 plus the applicable statutory value-added tax and shall be invoiced in time units of 0.25 hours (15 minutes) or part thereof.
9. warranty, exemption
9.1.
In the event of defects and other breaches of duty by the CUSTOMER, the statutory provisions shall apply, unless and to the extent that anything to the contrary is stipulated below.
9.2.
Insofar as no agreements are made between the parties with regard to the content and design of the PRODUCTION, the CUSTOMER shall otherwise have artistic freedom of design. The CUSTOMER shall have no right to issue instructions to the CUSTOMER with regard to the content and design of the PRODUCTION.
9.3.
The CUSTOMER does not assume any guarantee for a certain quality of the PRODUCTION. In particular, the CUSTOMER does not guarantee that the PRODUCTION enjoys copyright, trademark or competition law protection.
9.4.
The CUSTOMER shall not be liable for the defectiveness or illegality of the CUSTOMER’S CONTENT and any resulting or arising defects of the PRODUCTION or damages of the CUSTOMER or third parties. If the CUSTOMER commissions external services necessary for the performance of the contract, the respective CUSTOMERS shall not be vicarious agents of the CUSTOMER.
9.5.
The CONTRACTOR shall be liable for damages, also within the scope of the warranty, solely in accordance with the provisions of the following clause 10. of these CONTRACTUAL CONDITIONS.
9.6.
The CUSTOMER may only rescind or terminate the CONTRACT due to a breach of duty that is not based on a defect if the CUSTOMER is responsible for the breach of duty.
9.7.
The CUSTOMER shall assert obvious defects in writing to the CUSTOMER immediately after handover; otherwise claims of the CUSTOMER due to these defects shall be excluded.
10 Liability, Statute of Limitations
10.1.
In case of intentional or grossly negligent breaches of duty as well as in case of culpable injury to life, body or health, the CUSTOMER shall be liable without limitation for all damages attributable thereto, unless otherwise provided by law.
10.2.
In the event of gross negligence on the part of non-executive employees, the CONTRACTOR’s liability for property damage and financial loss shall be limited to the foreseeable damage typical for the contract. This shall not apply in the event of a breach of material contractual obligations. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which the contractual partner regularly relies on and may rely on.
10.3.
In the event of slight negligence, the SUPPLIER shall only be liable for property damage and financial loss in the event of a breach of material contractual obligations; liability shall be limited to the foreseeable damage typical for the contract. This shall also apply to loss of profit and savings.
10.4.
The strict liability of the PURCHASER for damages according to § 536 a BGB for defects existing at the time of conclusion of the contract is excluded.
10.5.
Any further liability for damages – regardless of the legal nature of the asserted claim – is excluded. This applies in particular to unlawful acts according to §§ 823, 831 BGB.
10.6.
A possible unlimited liability of the PURCHASER according to the provisions of the German Product Liability Act or due to fraudulent intent, absence of a warranted characteristic, due to an assumption of a guarantee or otherwise due to mandatory statutory provisions shall, however, remain unaffected.
10.7.
The limitation period for warranty claims including claims for damages shall be one year, unless a longer limitation period is provided by law. For claims for damages not based on defects, the statutory limitation periods shall apply exclusively. The limitation periods of the Product Liability Act shall remain unaffected in any case.
11. other provisions
11.1.
The CONTRACTOR may transfer the rights and obligations under or in connection with these CONTRACTUAL CONDITIONS or the contracts subject to these CONTRACTUAL CONDITIONS to third parties only with the prior consent of the CONTRACTOR, which consent shall be in writing.
11.2.
Legally relevant declarations and notifications to be made by the CUSTOMER to the SUPPLIER after the conclusion of the contract (e.g. setting of deadlines, notifications of defects, declarations of withdrawal or reduction) must be made in writing to be effective.
11.3.
Changes and amendments to the GENERAL CONTRACTUAL CONDITIONS of movingimage EVP GmbH and to the contracts subject to the GENERAL CONTRACTUAL CONDITIONS of movingimage EVP GmbH shall be made in writing. This also applies to amendments and cancellation of this agreement on the written form. The provisions of clause 11.4 of these CONTRACTUAL CONDITIONS below shall remain unaffected.
11.4.
The CUSTOMER shall be entitled to amend the contents of the GENERAL CONTRACTUAL CONDITIONS of movingimage EVP GmbH with the consent of the CUSTOMER, provided that the amendment is reasonable for the CUSTOMER, taking into account the interests of the CUSTOMER. Consent to the change shall be deemed to have been given if the PURCHASER does not object to the change within four weeks after receipt of the change notification. The CONTRACTOR undertakes to inform the CLIENT of the consequences of a failure to object when notifying the change.
11.5.
Unless otherwise expressly stipulated in these CONTRACTUAL CONDITIONS, the dispatch and receipt of documents signed by hand by fax or in scanned form by e-mail shall be sufficient for the written form within the meaning of these CONTRACTUAL CONDITIONS. Likewise, electronic declarations shall be deemed sufficient for the written form within the meaning of these CONTRACTUAL CONDITIONS if receipt and content of the declarations have been mutually confirmed electronically.
11.6.
If the CUSTOMER is an entrepreneur, these CONTRACTUAL CONDITIONS and contracts subject to these CONTRACTUAL CONDITIONS, including all legal disputes about or in connection with their conclusion, effectiveness and implementation, shall be governed exclusively by the substantive law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
11.7.
If the CUSTOMER is an entrepreneur, the exclusive – also international – place of jurisdiction for all disputes arising from or in connection with these CONTRACTUAL CONDITIONS or the contracts subject to these CONTRACTUAL CONDITIONS, including all legal disputes about or in connection with their conclusion, effectiveness and implementation, shall be Berlin. The CONTRACTOR shall also be entitled to bring an action in any other court having jurisdiction by law.
11.8.
Should any provision of these CONTRACTUAL CONDITIONS or of the contracts subject to these CONTRACTUAL CONDITIONS be or become invalid or unenforceable, the remaining provisions of these CONTRACTUAL CONDITIONS shall not be affected thereby. The parties undertake to replace any invalid or unenforceable provisions by such enforceable and valid provisions which come as close as possible to the economic objective of the provisions to be replaced. The above provision shall apply mutatis mutandis to unintended loopholes.
Status: 01 April 2021
movingimage EVP GmbH
Tempelhofer Ufer 1
10961 Berlin